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MINUTES OF THE HOUSE
LAW ENFORCEMENT AND CRIMINAL JUSTICE STANDING COMMITTEE
Room 25, House Office Building, State Capitol Complex
February 12, 2013

Members Present:     Rep. Curt Oda, Chair
            Rep. Richard Greenwood, Vice Chair
            Rep. Derek Brown            
            Rep. Keith Grover                        
            Rep. Don Ipson
            Rep. Dana Layton
            Rep. Paul Ray                            
            Rep. Edward Redd            
            Rep. Keven Stratton
            Rep. Mark Wheatley    

Members Excused:    Rep. Jennifer Seelig                 

Staff Present:         Mr. Nathan Brady, Policy Analyst
            Ms. Linda Error, Committee Secretary

note: A list of visitors and a copy of handouts are filed with the committee minutes.

Rep. Greenwood called the meeting to order at 2:08 p.m.

MOTION:    Rep. Ipson moved to approve the minutes of the February 6, 2013 meeting. The motion passed unanimously, with Rep. Grover, Rep. Layton, Rep. Ray, and
        Rep. Stratton absent for the vote.

H.B. 108    Metal Theft Amendments (Rep. J. Draxler)

Rep. Draxler introduced and explained the bill to the committee with the assistance of
Rep. Pitcher.

Rep. Ipson declared a conflict of interest.

MOTION:    Rep. Ipson moved to amend to bill as follows:

1.    Page 12, Line 360 :    

             360          (i) aluminum, brass, copper, lead, chromium,
{   [   } tin      {   ]   }      {   light iron or sheet steel   } , nickel, or


The motion to amend passed unanimously, with Rep. Grover, Rep. Layton, Rep. Redd, and Rep. Stratton absent for the vote.

Spoke in favor of the bill:    Ms. Candace Daly, Institute of Scrap Recycling Industry
                Mr. Todd Bingham, Utah Manufactures Association
                Mr. Zachary Fountain, Deputy for Legislation, Murray City
                Mr. David Spatafore, Utah Chiefs of Police Association

Rep. Ipson moved to pass HB 108 with a favorable recommendation. The motion passed unanimously, with Rep. Brown, Rep. Grover, Rep. Redd, and Rep. Stratton absent for the vote.

S.B. 119    Youth Court Amendments (Sen. J. Stevenson)

Sen. Stevenson introduced and explained the bill to the committee.

MOTION:    Rep. Ipson moved to pass S.B. 119 with a favorable recommendation. The motion passed unanimously, with Rep. Brown, Rep. Grover, and Rep. Redd absent for the vote.

MOTION:    Rep. Ray moved to place S.B. 119 on the Consent Calendar. The motion passed unanimously, with Rep. Brown, Rep. Grover, and Rep. Redd absent for the vote.

S.B. 146    Driving Under the Influence Amendments (Sen. S. Jenkins)

Sen. Jenkins introduced and explained the bill to the committee with the assistance of Mr. Paul Boyden, Statewide Association of Prosecutors .

Rep. Ray declared a conflict of interest.

Motion:    Rep. Ray moved to amend the bill as follows:

1.    Page 1, Line 15 :    

             15      monitoring for a first, second, or felony driving under the influence offense;
{   and   }

    
  . provides that a court may order the imposition of an ankle attached continuous transdermal alcohol monitoring device as a condition of probation if a person is convicted of a driving under the influence violation and there is admissible evidence that the person had a blood alcohol level of .16 or higher; and      


2.    Page 3, Line 87 through Page 4, Line 91 :    

             87          (b) one or
{   both   }        more       of the following:

             88          (i) the installation of an ignition interlock system as a condition of probation for the
             89      person in accordance with Section 41-6a-518 ;
{   or   }       

    (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring device as a condition of probation for the person; or      

             90          
{   (ii)   }        (iii)       the imposition of home confinement through the use of electronic monitoring in

             91      accordance with Section 41-6a-506 .

The motion to amend passed unanimously, with Rep. Brown absent for the vote.

Spoke to the bill:    Mr. Peter Goodall, Utah Association Of Criminal Defense Lawyers

MOTION:    Rep. Stratton moved to amend the bill as follows:

1.    Page 3, Lines 77 through 79 :    

             77          (b)
  in lieu of Subsection (3)(a)(ii),       the court may require the person to participate in home confinement of not fewer

             78      than 1,500 hours through the use of electronic monitoring in accordance with Section
             79      41-6a-506 .

The motion to amend passed unanimously, with Rep. Oda absent for the vote.

MOTION:    Rep. Ray moved to pass H.B. 146 with a favorable recommendation. The motion passed unanimously, with Rep. Oda absent for the vote.

Rep. Greenwood relinquished the chair to Rep. Ipson

H.B. 213    Peace Officer Standards and Training Amendments (Rep. R. Greenwood)

Rep. Greenwood introduced and explained the bill to the committee with the assistance of Mr. Scott Stephenson, Director, Police Officers Standard and Training

MOTION:    Rep. Greenwood moved to adopt 1st Substitute H.B. 213. The motion passed unanimously, with Rep. Ray absent for the vote.

MOTION:    Rep. Greenwood moved to amend the bill as follows:

1.    Page 2, Lines 37 through 51 :    

             37          (1) Before being accepted for admission to the training programs conducted by a
             38      certified academy, and before being allowed to take a certification examination, each applicant

             39      for admission or certification examination shall meet the following requirements:
             40          (a) be a United States citizen;
             41          (b) be at least 21 years old at the time of appointment as a peace officer;
             42          (c) be a high school graduate or furnish evidence of successful completion of an
             43      examination indicating an equivalent achievement;
             44          (d) have not been convicted of a crime for which the applicant could have been
             45      punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of
             46      this or another state;
             47          (e) have demonstrated good moral character, as determined by a background
             48      investigation;
{   [   } and      {   ]   }

             49          (f) be free of any physical, emotional, or mental condition that might adversely affect
             50      the performance of the applicant's duties as a peace officer
{   [   } .      {   ]   }      {   ; and

             51          (g) be eligible to possess a firearm under state law.   }

2.    Page 3, Lines 67 through 69 :    

             67          (5) An applicant shall be considered to be of good moral character under Subsection
             68      (1)(e) if the applicant has not engaged in conduct that would be a violation of Subsection
             69      53-6-211 (1).
 

(6) An applicant seeking certification as a law enforcement officer, as defined in Section 53-13-103, shall be qualified to possess a firearm under state and federal law.  


3.    Page 3, Line 73 through Page 4, Line 88 :    

             73          (1) The council has authority to suspend or revoke the certification of a peace officer, if
             74      the peace officer:
             75          (a) willfully falsifies any information to obtain certification;
             76          (b) has any physical or mental disability affecting the peace officer's ability to perform
             77      duties;
             78          (c) is addicted to alcohol or any controlled substance, unless the peace officer reports
             79      the addiction to the employer and to the director as part of a departmental early

intervention
             80      process;
             81          (d) engages in conduct which is a state or federal criminal offense, but not including a
             82      traffic offense that is a class C misdemeanor or infraction;
             83          (e) refuses to respond, or fails to respond truthfully, to questions after having been
             84      issued a warning issued based on Garrity v. New Jersey, 385 U.S. 493 (1967);
             85          (f) engages in sexual conduct while on duty; or
             86          (g)

  is certified as a law enforcement officer, as defined in Section 53-13-103, and       is unable to possess a firearm under state        or federal       law.

             87          [(g) is dismissed from the armed forces of the Unites States under dishonorable
             88      conditions.]

The motion to amend passed unanimously, with Rep. Ray absent for the vote.

MOTION:    Rep. Greenwood moved to pass 1st Substitute H.B. 213 with a favorable recommendation. The motion passed unanimously, with Rep. Ray absent for the vote.

H.B. 102    Arson Penalties Amendments (Rep. L. Wiley)

This bill was not considered.

MOTION:    Rep. Grover moved to adjourn the meeting. The motion passed unanimously, with Rep. Ray absent for the vote.

Rep. Ipson adjourned the meeting at 3:40 p.m.









                        ___________________
                        Rep. Curtis Oda, Chair